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[Closed] LegalTrackWorld probate question

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[#8067901]

When my mum passed away last year the solicitor who dealt with the probate did not, let us say, inspire confidence.

A year on, and nine months after probate was settled, we have just discovered that the deeds for my mum's property has not been transferred.

Am I right in thinking that this should have been taken care of by the solicitor handling probate?


 
Posted : 21/09/2016 7:00 pm
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probate is just the certificate that says this person has the legal right to claim the funds from the deceased estate, bank accounts and such. So the answer to your question is no necessarily.


 
Posted : 21/09/2016 7:10 pm
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probate would give you the "right" / "permission" to change the name on the deeds, IIRC.
So unless you instructed the solicitor to do so, then he wouldn't have necessarily changed ownership.

NB I *think* its pretty common for people to keep the deeds in the name of the deceased until the property is disposed of (for CGT reasons).

IANAL


 
Posted : 21/09/2016 7:22 pm
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would not make any difference for cgt and a competent solicitor should have dealt with the house if was left to a named beneficiary though if it was to be sold a part of the residue then possibly not in which case the executors / administrators will sell in that capacity or if the property is left in some form of trust then vested in trustees (who may be the executors / administrators)


 
Posted : 21/09/2016 7:29 pm
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Thank you all for the information. I think I now understand why he didn't transfer the deeds.


 
Posted : 22/09/2016 9:56 am